Court won't stop Detroit mayor's removal hearing

DETROIT (AP) — Mayor Kwame Kilpatrick's chances of avoiding a state hearing that could cost him his job diminished by the hour Tuesday as a judge and an appeals court ruled against scrapping the proceedings.The mayor claims he can't get a fair shake from Gov. Jennifer Granholm, a fellow Democrat who is to convene a removal hearing Wednesday morning. His lawyers also attacked the law on the removal process but lost twice in court Tuesday. The Detroit City Council asked Granholm to determine whether Kilpatrick misled members when he settled lawsuits with former police officers for $8.4 million; text messages that contradict the mayor's sworn denials of an extramarital affair were supposed to be kept secret as part of the deal. Separately, Kilpatrick is charged with 10 felonies, including perjury and assault, and he would lose a powerful bargaining chip with prosecutors if he is removed from office. The state constitution gives the governor the power to remove elected officials for misconduct, but Kilpatrick claims Granholm showed her bias against him as she tried to broker a settlement in his criminal case in May. After hearing arguments Friday, Wayne County Circuit Judge Robert Ziolkowski returned to court Tuesday and said he wouldn't interfere with the hearing. "Holding a public office is not a public right and not subject to due process rights," the judge said, rejecting a claim that Kilpatrick's right to "just and fair treatment" would be violated. Kilpatrick's attorney James Thomas appealed, saying outside court, "The way this is set up, the governor has free rein to be the judge, jury and executioner." A three-judge panel of the Michigan Court of Appeals scheduled a hearing Tuesday afternoon, but Thomas was late for it, entering the courtroom as a lawyer for Granholm was making his argument. Thomas blamed traffic. "So you haven't got a cell phone?" Judge Michael Talbot snapped. SOURCE:MOBILENEWSNETWORK